One of the most important legal systems of societies, is its penal system that accommodate the penal law in itself. Every society had forecasted some law and distinctions for its individuals, and had obliged all to observe these laws. The right of life is among these laws laws and distinctions that of course can be oggressed by some people. In such cases, society mast react and punish the aggressor even if this punishment be in the form of his life taking away. So, punishment is one of the factors in preserving the individuals right and decipline. Death punishment is one of the punishments that is considered in some main penalties and is in hyead of all punishments. Despite of international and worldwide insight that believe in cancellation of death punishment, but in most areas of the world, such as our country this kind of punishment execute after and before Islamic Revolution. But in after Revolutions’ rules it found high inphasis. Also in new Islamic penal law, this this punishment is observable.